Terms of Service

Agreement to these terms

These Terms of Service (the “Terms”) are a binding agreement between SitewideOps, LLC (“SitewideOps”, “we”, “us”) and the business that subscribes to or uses the SitewideOps platform (“Customer”, “you”). They serve as the end-user license agreement for the SitewideOps web application at app.sitewideops.com and the SitewideOps mobile app (together, the “Service”).

By creating a workspace, signing an order form that references these Terms, or using the Service, you accept these Terms on behalf of your business and represent that you have authority to do so. The Service is offered for business use, not consumer use. If you have a separately signed agreement with SitewideOps, that agreement controls where it conflicts with these Terms.

The service

SitewideOps is an operations platform for specialty trade contractors: work orders and dispatch, project delivery, estimating and quotes, scheduling, field reporting, job costing, billing, and accounting workflows, with optional integrations to third-party accounting systems. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right for your authorized users (“Users”) to access and use the Service for your internal business operations during your subscription.

Accounts and workspaces

Your workspace administrators control who has access to your workspace, what roles and permissions each User holds, and which integrations are connected. You are responsible for maintaining the confidentiality of credentials, for the acts of your Users, and for the accuracy of the information you and your Users enter. Notify us promptly at contact@sitewideops.com if you suspect unauthorized access to your workspace.

Demo accounts and trials

We offer free demo accounts for the evaluation period stated on our website (currently twenty-one (21) days). A demo workspace includes the full product and is provided as-is, for evaluation only, with sample data. We may end a demo early for misuse, and we may delete a demo workspace and its data after the evaluation period ends. Nothing in a demo creates a subscription or any obligation to buy. Don’t run your live business on a demo account.

Fees and payment

Subscription fees are charged per active crew per month, subject to the monthly minimum, at the rates published on our website or stated in your order form. An active crew is a crew the Service records as having performed work in the billing month; the count is taken from the Service, not self-reported. Office, administrative, and ownership users are not charged per seat. Subscription fees are billed monthly in arrears and begin on the Go-Live Date defined below; no subscription fees are charged before that date.

A one-time launch fee covers data migration, setup, and training. It equals 1.5 times the first monthly subscription invoice as estimated at signing, with half due at signing and half due on the Go-Live Date. The launch fee is refundable only as provided in the Go-Live Guarantee below.

Fees are due as invoiced, are stated exclusive of taxes (you are responsible for applicable sales and use taxes, excluding taxes on our income), and — except for the Go-Live Guarantee, any refund an order form provides, or where the law requires — are non-refundable. We may suspend access for accounts that remain unpaid thirty (30) days after written notice. We may change published pricing on at least sixty (60) days’ written notice; a change takes effect at the start of the first monthly period after the notice period ends. Pricing locked in an order form (including founding-customer pricing) is not changed by a change to published pricing while that order form is in effect.

Launch, go-live, and the Go-Live Guarantee

Data Receipt Date. The date we confirm in writing that we have received all of the data and configuration information listed in your order form or onboarding checklist (for example: chart of accounts, cost codes and cost types, customers, vendors, open jobs, and items), in a usable format. We will confirm receipt, or identify what is still missing, within five (5) business days of each delivery.

Go-Live Date. The date on which all of the following are true: (a) the data you provided has been imported into your workspace and reconciled to the record counts and balances you supplied; (b) the users named in your order form have been provisioned with access; and (c) your workspace is available for production use. We will notify you in writing when we believe these conditions are met. If you do not object in writing within five (5) business days, identifying a specific condition that is not met, the Go-Live Date is the date of our notice.

Go-Live Guarantee. If the Go-Live Date has not occurred within sixty (60) days after the Data Receipt Date, then on your written request we will refund the launch fee in full and continue implementation at no additional charge until the Go-Live Date occurs. This refund and continued work are your sole and exclusive remedy for a missed go-live.

Extensions. The sixty-day period is extended by the number of days during which go-live is delayed by circumstances on your side, including: data delivered incomplete, inaccurate, or in a format that requires rework after the Data Receipt Date; changes to scope, configuration, or user list after signing; unavailability of your personnel for scheduled onboarding sessions; delays by your accounting, payroll, or other third-party vendors; and any period during which you ask us to pause. We will tell you in writing when we believe an extension applies and why.

Not covered. The Go-Live Guarantee applies to the launch fee only. It does not cover subscription fees (none are charged before the Go-Live Date), third-party costs, or your internal costs, and it does not apply if you terminate before the Go-Live Date for a reason other than our uncured material breach.

Your data

You own the business records you and your Users enter into your workspace (“Customer Data”). You grant us a license to host, process, transmit, and display Customer Data solely to provide and support the Service, as described in our Privacy Policy. We do not sell Customer Data and do not use it for advertising.

You are responsible for having the rights and any required consents to put Customer Data into the Service — including notices or consents required for employee information, time-clock and location data, and communications sent to your own customers through the Service. You can export a complete backup of your workspace at any time.

Acceptable use

You agree not to:

• Use the Service in violation of law, or to send spam or unlawful communications;
• Upload malicious code or content you have no right to use;
• Attempt to probe, breach, or circumvent security or access controls, or access another customer’s workspace;
• Reverse engineer, copy, or create derivative works of the Service, except where the law permits notwithstanding this limit;
• Resell, sublicense, or provide the Service to third parties as a service bureau; or
• Use the Service to build a competing product, or scrape it by automated means outside the documented APIs.

We may suspend access that we reasonably believe threatens the security or integrity of the Service, with notice where practical.

Third-party services and integrations

The Service can connect to third-party products you choose to enable — for example Intuit QuickBooks Online or Sage Intacct for accounting sync, and email and SMS carriers for messages you send. When you connect a third-party service, you authorize us to exchange data with it on your behalf as configured by your administrators, and your use of that third-party service is governed by its own terms and privacy policy (for QuickBooks Online, Intuit’s). We are not responsible for third-party services, their availability, or changes to their APIs, and an integration may stop functioning if the third party changes or discontinues its service. You can disconnect an integration at any time from your workspace settings.

Text messaging

Where you or your customers opt in to receive text messages through the Service, SMS delivery is governed by our SMS Terms: message frequency varies, message and data rates may apply, and any recipient can opt out by replying STOP or get assistance by replying HELP. When you direct the Service to send messages to your own customers, you are responsible for having obtained any consent the law requires, as the “Your data” section provides.

Intellectual property

SitewideOps owns the Service, its software, design, and documentation, and all related intellectual property. No rights are granted except the limited use rights stated in these Terms. If you send us feedback or suggestions, we may use them without restriction or obligation — feedback is voluntary and never payment-bearing.

Confidentiality

Each party will protect the other’s non-public information received under this agreement with at least reasonable care, use it only to perform under these Terms, and not disclose it to third parties except to employees, advisors, and service providers under confidentiality obligations, or as required by law with notice where lawful. Customer Data is your confidential information; the Service and its non-public technical details are ours.

Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.

SitewideOps is operations software, not professional advice. The Service produces operational and financial artifacts — job cost reports, WIP schedules, pay applications, journal entries, payroll figures — but it does not provide accounting, tax, or legal advice. You and your own accounting and legal professionals remain responsible for the accuracy of your books, filings, and compliance obligations.

Limitation of liability

To the fullest extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility; and (b) each party’s total aggregate liability arising out of or relating to these Terms is limited to the fees you paid us for the Service in the twelve (12) months before the event giving rise to the claim. These limits do not apply to your payment obligations, either party’s breach of confidentiality, your breach of the acceptable-use section, or liability that cannot be limited by law.

Indemnification

You will defend and indemnify SitewideOps against third-party claims arising from Customer Data, your use of the Service in violation of these Terms or law, or communications you direct the Service to send. We will defend and indemnify you against third-party claims that the Service, as provided by us and used as permitted, infringes that party’s intellectual property rights; if such a claim arises we may modify the Service, procure rights, or terminate the affected portion with a pro-rated refund. Each indemnity requires prompt notice, control of the defense by the indemnifying party, and reasonable cooperation.

Term, termination, and data export

Term. These Terms apply from your first use of the Service. A paid subscription begins on the Go-Live Date, runs month to month, and renews automatically for successive one-month periods until cancelled. There is no minimum commitment beyond the current month and no multi-year term.

Cancellation. Either party may cancel the subscription on at least sixty (60) days’ written notice. Cancellation takes effect at the end of the monthly period in which the notice period ends; fees remain payable through that date. Either party may also terminate for material breach that remains uncured thirty (30) days after written notice.

After the end. On termination or expiration your access ends and unpaid fees for periods served become due. For sixty (60) days after the end date we will keep your Customer Data available for export in the formats the Service supports, and we will provide an export on request. After that window we delete or de-identify Customer Data from production systems within thirty (30) days, except where we must retain it to comply with law or resolve a dispute, as described in the Privacy Policy.

Sections that by their nature should survive (including ownership, confidentiality, disclaimers, limitation of liability, and governing law) survive termination.

Changes to the service or these terms

We improve the Service continuously and may add, change, or retire features, provided we do not materially reduce the core functionality of your subscription during a paid term. We may update these Terms from time to time; material changes will be notified through the Service or by email at least thirty (30) days before they take effect, and continued use after the effective date constitutes acceptance. The current version always lives at sitewideops.com/terms.

Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-laws rules. The exclusive venue for disputes is the state or federal courts located in Jefferson County, Kentucky, and each party consents to their jurisdiction. Before filing, the parties will attempt in good faith to resolve any dispute informally for thirty (30) days after written notice.

General

These Terms plus any order form and the Privacy Policy are the entire agreement about the Service and supersede prior discussions. Neither party may assign this agreement without the other’s consent, except to a successor in a merger or sale of substantially all assets. If a provision is unenforceable, the rest remain in effect. A waiver must be in writing. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us go to contact@sitewideops.com or by mail to SitewideOps, LLC, 212 N 2nd St, Richmond, KY 40475; notices to you go to your workspace administrators’ email addresses.

Contact

Questions about these Terms: contact@sitewideops.com, or by mail to SitewideOps, LLC, 212 N 2nd St, Richmond, KY 40475.

SitewideOps, LLC